{
  "url": "https://openlegislation.uk/pension-schemes-act-2026/section-42",
  "json_url": "https://openlegislation.uk/pension-schemes-act-2026/section-42.json",
  "legislation": "ukpga/2026/22",
  "legislation_title": "Pension Schemes Act 2026",
  "legislation_url": "https://openlegislation.uk/pension-schemes-act-2026",
  "path": "section/42",
  "kind": "section",
  "number": "42",
  "heading": "Regulations restricting creation of new non-scale default arrangements",
  "text": "(1) The appropriate authority may make regulations for the purpose of restricting the ability of the provider of a pension scheme to begin operating a non-scale default arrangement.\n(2) The regulations may, in particular, make provision—\n(a) prohibiting the provider of a pension scheme from beginning to operate a non-scale default arrangement unless the arrangement is approved by the appropriate regulator;\n(b) about the criteria which the appropriate regulator must apply in deciding whether to approve a non-scale default arrangement;\n(c) about the conditions which the appropriate regulator may or must attach to approval;\n(d) about the ongoing requirements to which the provider of a pension scheme is to be subject in relation to a non-scale default arrangement approved under the regulations;\n(e) where assets of a pension scheme are held subject to a non-scale default arrangement that is being operated in breach of the regulations, requiring the provider of the pension scheme in question to ensure that the assets are held subject to a different arrangement of a description specified in the regulations;\n(f) conferring functions on the appropriate regulator, including functions involving the exercise of a discretion;\n(g) for ensuring compliance with the regulations, including provision for the imposition of civil penalties not exceeding £100,000;\n(h) for the making of a reference to the First-tier Tribunal or Upper Tribunal in respect of anything done under the regulations.\n(3) Regulations under this section are subject to the affirmative procedure.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 42 in force at Royal Assent for specified purposes, see s. 133(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/22/section/42",
    "retrieved_at": "2026-10-29T08:41:23.531539+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}